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(영문) 서울남부지방법원 2014.01.06 2013고정3392
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates the main point of "C" located in Yeongdeungpo-gu Seoul Metropolitan Government.

No person shall sell alcoholic beverages falling under the harmful drugs to juveniles.

Nevertheless, the Defendant, who runs the main point of “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, sold two liquors to D (18), E (17) and F (17) juveniles at the main point above on June 21, 2013.

Summary of Evidence

1. Each legal statement of the witness F, E, and D;

1. Some statements to the effect that at the time of the instant case, the juvenile identification card was not examined among the interrogation protocol of the police against the Defendant

1. Part of the place where the defendant was found to have failed to examine the identification card of the juvenile at the time of the instant case

1. Each statement of E, F, and D;

1. Invoice;

1. Application of Acts and subordinate statutes governing business reporting certificates;

1. Relevant Article of the Juvenile Protection Act (Law No. 11229) and Articles 59 subparagraph 8 and 26 (1) of the former Juvenile Protection Act (Law No. 1129) which select punishment for crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion has entered two times or more prior to the juvenile FF, E, and D places of business and entered the defendant's business to inspect the resident registration certificate. At that time, the above juveniles shown the resident registration certificate of 93 years old, and the defendant knew that he is not the juvenile, and at that time, he did not inspect the resident registration certificate to the above three persons at the time of the instant case. Thus, the defendant is not guilty without intention.

2. However, we cannot accept the Defendant’s above assertion for the following reasons.

Witness

According to the F, E, and D’s legal statements, the above juveniles entered several main points of the Defendant even before the instant case, and they do so due to their failure to present their identification cards or receive alcohol without their identification cards, but they are resident registration certificates of 193 residents.

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